Application for licensing of passenger transport business by taxi is widely implemented because of the popularity of this business. However, there are still many questions related to this issue.
LAW REGULATIONS ON PASSENGER TRANSPORT BUSINESS BY TAXI
Traveling by taxi is no longer strange in our society nowadays when we can use services of many different taxi companies with the help of a phone call or a smartphone application. In fact, the demand for transportation by taxi is gradually becoming essential for everyone. It can be said that this is the type of service that develops the most today.
According to Decree 86/2014/ND-CP, “Transport business by auto is the use of auto to transport goods or passengers on road for profits; includes transport business with direct and indirect money collection”. Passenger transport business by taxi is one of the types of transport business by auto. As stipulated by Article 6 of Decree 86/2014/ND-CP, passenger transport business by taxi is the transportation business in which itinerary and schedule are required by passengers.
The fare is calculated by the taximeter based on kilometer of road and waiting period. As stipulated by law, from July 1st, 2016, taxi must have bill printing equipment connected to the taximeter; and taxi drivers must print bills and hand them to passengers. Applying for licensing of passenger transport business by taxi is mandatory if an individual or organization wants to do business in this business field. However, in order to be licensed, businesses must meet conditions set by law.
CONDITIONS FOR LICENSING OF PASSENGER TRANSPORT BUSINESS BY TAXI
When applying for licensing of passenger transport business by taxi, both taxi business units and taxi must meet the following conditions.
CONDITIONS FOR TAXI BUSINESS UNITS
- Registration of transport business by auto as prescribed by law;
- The driver is not the person whose practice is prohibited as prescribed by law;
- The driver and service personnel must have a written labor contract with the transport business unit according to the form issued by the Ministry of Labour – Invalids and Social Affairs (except in cases they are the owners of business households or parents, spouse or children of the owners of business households);
- The transport operator must have professional qualification in transport from the intermediate level or above or college or higher education of economic or technical majors and continuous work time at transport units from 03 years or more;
- Parking place: The transport business unit must have parking place in accordance with the business plan and ensure the requirements for traffic safety, fire and explosion prevention and environmental sanitation as prescribed by law;
- Enterprises and cooperatives doing business of passenger transport by taxi must have at least 10 taxis and 50 taxis for urban areas of special grade.
CONDITIONS FOR TAXI
- Displaying:
– On the sides of the vehicle: name, telephone number and logo of the enterprise or cooperative; – In the vehicle, there must be a list detailing freight rates calculated in kilometers, waiting costs, and other expenses (if any) to be paid by passengers. Notice at a noticeable place with the slogan “Tính mạng con người là trên hết” (Life comes first) according to the model in Annex 10 of Circular No. 63/2014/TT-BGTVT on operation and management of the transport of passengers and/or goods by automobile and supporting services to road transport;
- Vehicles shall be equipped with emergency tools and fire extinguisher conformable to the regulations;
- Badges and taxi lightboxes:
– Any taxi shall carry a badge prescribed by provincial People’s Committees, applicable to taxis under the ownership of transport companies under management of local government or according to the model prescribed in Annex 20 of Circular Circular No. 63/2014/TT-BGTVT. A peculiar badge shall carry an anti-counterfeit stamp and its size shall be consistent and conformable to the model specified in Annex 20. Each local government shall publish the model of the peculiar badget itself and notify to the Directorate for Roads of Vietnam before putting it into use; – There shall be a lightbox containing “TAXI” on the top of vehicle, lightboxes shall be turned on when the taxi is available and turned off when taxi is transporting a passenger;
- There shall be a fare counter verified and lead-sealed up by a competent agency. Moreover, there shall be a receipt printer connected with the fare counter;
- Taxi must have a capacity of 9 seats or less (with driver included);
- Taxi with service life not exceeding 08 years in urban areas of special grade and 12 years at other localities.
- Enterprises and cooperatives doing business of passenger transport by taxi must register and paint their logo.
APPLICATION FOR LICENSING OF PASSENGER TRANSPORT BUSINESS BY TAXI
(1) Application for issue of business Permit under the form defined by the Ministry of Transport; (2) Certified copy (or copy attached to the original for comparison) of the business registration Certificate; (3) Certified copy (or copy attached to the original for comparison) of the diploma or certificate of the person directly operating the transport; (4) Transport business plan by autos as prescribed by the Ministry of Transport; (5) Establishment Decision and regulations on functions and duties of the management division, monitoring of conditions on traffic safety; (6) Registration for quality of transport services.
APPLICATION FOR LICENSING OF PASSENGER TRANSPORT BUSINESS BY TAXI
The transport business unit shall submit 01 dossier to request the issue of business Permit to the Department of Transport where the business is headquartered by post or directly. In case the dossier needs modification or supplementation, the Department of Transport will inform directly or in writing of the contents to be supplemented or modified to the transport business unit within 03 working days after the receipt of dossier. Within 05 working days after the receipt of dossier in accordance with regulations, the Department of Transport will verify dossier and issue the business Permit and approve the attached business Plan. In case of failure to issue the business Permit, the licensing organ will reply in writing stating the reasons.
PHAN LAW VIETNAM
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